Saturday, May 29, 2021

2001 INDIAN PARLIAMENT ATTACK

 DATE AND TIME PUBLISHED: 16/6/2021 (WEDNESDAY), 11.32AM



WRITTEN BY: KAM2284D

1. NOR NADIA BINTI AZMAN (2020899318)

2. INTAN NAZIFA BINTI JONID (2020899312)

3. SITI NAJIHA BINTI SHAIFUL NIZAM (2020862062)

4. MUHAMMAD ILHAM BIN MOHD AZHARI (2020608314)

5. AZREEN SHAHIRA BINTI MD ASRI (2020483726)

 

Topic: 2001 Indian Parliament Attack

 

1.0 INTRODUCTION

The 2001 Indian Parliament attack was a terrorist attack on the Indian Parliament in New Delhi, India on 13rd December 2001. The perpetrators were members of Lashkar-e-Taiba (LeT) and Jaish-e-Mohammed (JeM), the two group of people raised by Pakistan where they are from terrorist organization. These two groups of terrorists having the same ideologies, aims and motives where they are known as an Islamic extremist.  On December 13, 2001, five heavily-armed Lashkar-e-Taiba (LeT) and Jaish-e-Mohammed (JeM) terrorists stormed the Parliament complex in New Delhi and opened fire (Staff, 2013). During that attack which twelve people, including the five terrorists who attacked the building, were killed (GlobalSecurity.org, 2006).

The terrorist targeting the parliament building, the attacker using mass shooting and suicide bombing to attack Parliament of India in New Delhi, India. More than 100 people, including key politicians, were inside the parliament building at that time. The gunmen used fake identity stickers on the cars they were driving and thus breached security deployed around the parliament complex. The terrorists carried AK47 rifles, grenade launchers, pistols and grenades to attack the Indian Parliament (Rediff.com., 2001). Terrorism in India, according to the Home Ministry, poses a significant threat to the people of India. Compared to other countries, India faces a wide range of terror groups. Terrorism found in India includes Islamic terrorism, separatist terrorism and left-wing terrorism. India is one of the countries most impacted by terrorism (Maryland, 2021).

 

2.0 2001 INDIAN PARLIAMENT ATTACK (WHAT, WHY, WHERE, WHO)

On the date of 13th December 2001, a total of five terrorist fully armed known as Jaish-e-Mohammed and Lashkar-e-Taiba rushed the complex of Parliament located in New Delhi. The groups of terrorists begun shooting randomly. This chaos had led to a total number of 14 death which includes a civilian. These groups of terrorists are believed to be from Pakistan (Desk, 2019). The objective behind this terrorist attack was to control the Parliament House (Mohd. Afzal Kumhar and Anr v. State, 2009).

            The attack by the groups of terrorists occurred on 13th December 2001 during morning hour. A total number of five terrorist went into the House Complex of Parliament at estimated 11.40 am in the morning by using the ambassador model car equipped with the sticker of Home Ministry on the car. However, the members of the Parliament House Watch as well as staff of Ward became suspicious as the car entered Building Gate Number 12. Due to this suspiciousness, the car which included the terrorists was asked to turn back in a forceful manner. The car then went out of control as it hit the vehicle belonged to the Vice President, Krishan Kant. The terrorist then launched the open fire. During this time, the security alarm in the Parliament compound was alerted which led to all the entrances and exits to be closed. The open fire activity lasted for approximately thirty to forty-five minutes. One of the extremists managed to reached Gate Number 1 and this extremist was known as the human bomb. This extremist managed to blew himself up. Later, the body was found incomplete without legs and arms.

From the open fire incident, a total of all five terrorist were killed as well as a total of eight security officials and a gardener. The five dead terrorists are known as Mohammad, Raja, Haider, Rana and Hamza. A total number of minimum 15 to 22 people were injured as well in the aftermath of the open fire. All the ministers and Members of Parliament in the Parliament were reported to be untouched (Desk, 2019).  The members of Parliament were trapped in the building and later escorted with the help of security officials to the zones for VVIP. Later, the members of Parliament were escorted to evacuate the buildings and other units such as National Security Guard Commandos as well as authorities in charge of the bombs were requested to enter the Parliament buildings. This is to detect any explosions planted. The authority in charged for the explosives managed to set off a few grenades (Rai, 2020).

            According to the Home Minister, L K Advani, made a claim with evidence that the terrorist activity held in the Parliament House were initiated by Pakistan based terrorist groups which are Lashkar-e-Taiba and Jaish-e-Mohammad. The home minister then added that the attack is the most alarming activity of terrorism in the history of Pakistan-sponsored terrorism located in India (Desk, 2019). The terrorist that attacked the Parliament was claimed to be dead and the associates with Indian people have successfully arrested. A few days after the incident, the Delhi Police managed to arrest a total number of four suspects whom were believed to be associated with the Parliament Attack in 2001. The suspects that were held by the police successfully were due to leads shown based on records of cellphone and the usage of car. The suspects arrested were Mohammad Afzal Guru, a former member of Jammu Kashmir Liberation Front, Husain Guru, Afsan Guru as well as a lecturer from Delhi University known as Geelani. Upon the arrest, the suspects that were executed to death were Geelani, Afzal and Shaukat. Afsan on the other hand was acquitted or freed by the trial court (Desk, 2019). Geelani however was acquitted by the Supreme Court and died due to cardiac arrest (India, 2019).

            The main conspirator behind the 2001 Parliament attack was Mohammed Afzal Guru. It was believed that Afzal Guru was the connector between the terrorist groups. The five terrorists whom attacked the Parliament had made a communication with Jaish-e-Mohammed at 12th and 13th of December. In the month of October 2001, Afzal placed rooms for both terrorists which were Mohammed and Haider in Colony of Christian located in North Delhi and these rooms were just a few kilometers away from Afzal’s house. The other three terrorists were also given rooms. Here, identity cards which were fake were given to the terrorists in order to execute the attack. The weapons used during the Parliament attack was supplied by Mohammed Afzal from Srinagar. A vehicle called white ambassador was purchased by Afzal from Lucky Motors. This vehicle was equipped with red-beacon in order to make it look like a public official’s vehicle. A week before the attack, the explosives were purchased from Khari Baoli (Rai, 2020).

 

3.0 REVIEW

3.1 CHALLENGES

3.1.1 There was No Effort from Both Pakistani Government and Indian Government in Settling the Issue.

The ongoing conflict between both countries of Pakistan and India has been drag for so many years. It can be said there was too little efforts taken in order in combating with the problem caused by the terrorist group. Although the case has received wide coverage and strong criticism towards government, but still no effort and even in this case, there is no further discussion from both sides in resolving the issues. It is as if the issue has never happened. But this is not possible due to the lack of diplomatic relations or the indifference of the Pakistani government towards Indian government. Thus, the speculation regarding the indifference towards the Indian government by the Pakistani government is getting stronger.

3.1.2 Weak security system

During the attack, 9 people were killed including security guards. Having a group of terrorists easily enter the Parliament shows that the security system there was weak. It was fortunate that the group of terrorists’ timings was off and if it not many of the India’s senior political leader and officials may be killed on that day which will cause uproar in the country which will force the Government of India to strike back. This can be considered as extraordinary attack as the planned that been made by Lashkar-e-Taiba and Jaish-e-Mohammed was targeting important people of the country to be murder to caused huge conflicts. The security system is important in order to maintain peace therefore, having such a weak system will not bring anything good for its surrounding.

3.2 SIGNIFICANCE

    The interest contained in the issue of the attack that took place in 2001 in the first Indian parliament was to subdue the Indian administrative system. As we know, India and Pakistan have not so good and strained relations. Based on the attacks that took place in the parliament has involved Pakistan, Delhi Police officials said that gunmen received instructions from Pakistan and the operation was carried out under the guidance of Pakistan's Inter-Services Intelligence (ISI) agency.

    This indicates that mutual relations between India and Pakistan have led to this incident. If it is true that this incident is highly despised by the Pakistani government, why did they not take any action against the criminals immediately. Therefore, this incident also seems to be meant to show that Pakistan is greater than India.

    Furthermore, Cathy Scott-Clark and Adrian Levy state that then-CIA station chief Robert Grenier and Ambassador Wendy Chamberlin suspected that the ISI had approved the attack in order to force the redeployment of troops under the command of Ali Jan Aurakzai away from the Durand Line, allowing Osama bin Laden to escape into Pakistan during the Battle of Tora Bora. Wanting to force the relocation of the team under the command of Ali Jan Aurakzai has led further the case from happening because it has the support of a organizations that has a lot of funds.

 

3.3 FACTORS

3.3.1 Weak Security in Indian Parliament Building

A weak security system where the security guards on duty during that time in the parliament building were not aware to the arrival of terrorists who used fake stickers to enter the Indian parliament building (indianexpress, 2019). As a security guards, they are need to be aware and constantly monitor the movements of people who are entering and exiting the parliament building. This is the way to ensure the attack cannot be happened and the lives of people cannot be threatened by terrorist who are entering to the parliament building with the fake stickers. The security guards need to look at the stickers more carefully and closely, so that the problems of the 2001 war do not recur. On the other hand, the security guard who are on the duty need to be alert and aware by looking to the CCTV regularly. The terrorist gang is smart and fast, once one path is blocked, they try to find another path. So, the security guards or police working there need to unite again in controlling, monitoring and dealing with their responsibilities with full integrity by acting in carrying out their duties strictly to those who come in and out of parliament.


3.3.2 The Motive of Group Terrorist

A war or an attack that takes place, is something unpredictable and we ourselves do not know what the ideology or motive of the terrorist is. One of the factors why attacks take place is, the terrorist wants to meet their ideology, motive, aim, purpose and objective. That is why attacks can happen because they want to expand its spread about religion in a violent and aggressive way. The perpetrators were members of Lashkar-e-Taiba (LeT) and Jaish-e-Mohammed (JeM), where they are having the same motive, aim and objective to attack Indian Parliament Building. Lashkar-e-Tayyiba (LeT) is a Pakistan-based radical organization founded in the late 1980s operating in the Indian states of Kashmir and Jammu. One of the objectives is to force the entry of Indian administered Kashmir into Pakistan and to create two Islamic-controlled states, in the North and in the South of India. Lashkar-e-Tayyiba (LeT) activities include suicide bombings and armed attacks on civilians, government officials and Indian security forces (Canada, 2019). The group is also alleged to have links to Al Qaeda.

Jaish-e-Mohammed (JeM) founded in early 2000, this organization is an Islamist extremist group based in Pakistan. Its objectives are to absorb the Indian-administered areas of Jammu and Kashmir into Pakistan and ultimately establish an Islamist state in the country. Jaish-e-Mohammed (JeM) is committed to using indiscriminate terror tactics to achieve its objectives, including targeting foreigners and political representatives of foreign states (Canada, 2019). These two groups of terrorists are an Islamic extremist which is they are having the same ideology and motive. Political ideology as defined by the British government which understands Islamic extremism as a form of Islam that opposes “democracy, the rule of law, individual freedom and mutual respect and tolerance of different beliefs and convictions”.

 

3.4 THE IMPACTS OF THE 2001 PARLIAMENT ATTACK IN NEW DELHI

3.4.1 Security in Parliament Area is Enhanced

            The Parliament attack in 2001 shows that the security system in the Parliament was full of flaws. If the security was flawless no such attack will exist in the first place. In order to prevent any future attacks by the terrorist, the security system needs to be enhanced or upgraded. Since the 2001 attack, the procedures in dealing with security management have been improvised or introduced a new one in order to combat with terrorism issues especially in dealing with the terrorist modus operandi that poses an extreme danger towards the Parliament. The coordination in security management of the Parliament is between Central Reserve Police Force, Indo-Tibetan Border Police, Intelligence Bureau, Delhi Police, Special Protection Group, National Security Guards and Parliamentary Security Service (Rai, 2020).

            The security measures are very tight when it comes to entering the Parliament complex. In order to enter the Parliament compound, a thorough authorization, identification, verification is needed from the individuals who would want to enter the Parliament compound. This action is done with the security devices that are modern. The outer area of the Parliament is also heavily secured. The Parliament Duty Group (PDG) which consist of a total number of 1500 armed officials has the role to ensure the security in the outer area of the Parliament. This group of officials also need to ensure the overall safety of the Parliament area. This includes the main house of Parliament, house annexe of the Parliament, reception as well as the Parliament library called Sansadiya Gyanpeeth. The Parliament Duty Group is not standing alone as it is being helped by Parliamentary Security Service (PSS) in order to ensure the safeness of members of Parliament, VVIPs as well as other visitors. Other agency such as the National Security Guards (NSG) also helped in ensuring the Parliament peace and this agency is fully equipped with modern devices and weapons that are new.

            When it comes to ensuring the security on the road side, commandos of Special Weapon and Tactics (SWAT) of Delhi as well as units in charge of bomb detections are placed on the road. These two authorities will monitor every road that leads to the complex of the Parliament. The parliament is under the surveillance of the CCTV all the time. Authority that is in charge of shooting is known as sharpshooters are placed in places that are strategic and on standby all the time. One order and the sharpshooter will release the bullet to the suspect. The security officials will be recognizing the ministers and members of parliament as well as their assistants, reporters, clerks and any authorized party that is allowed to enter the Parliament compound (Rai, 2020).


3.4.2 Introduction of New Enacted Act Called the Prevention of Terrorism Act (POTA)

            The incident of 2001 Parliament Attack by groups of terrorists shows that the previous existing law to cope with terrorism is not effective as it failed to stop the terrorist from attacking the Parliament. Due to this, an Act has been introduced and implemented in June 2002. The Act is known as “The Prevention of Terrorism Act (POTA) 2002”. This was one of the initiatives in order to support the operations of anti-terrorism in India. Among the important features included in POTA was the suspected individual can be in detention for maximum 180 days without having to file charges through courts. Next, protects the witnesses by hiding their identities. Moreover, the Act allows treating a confession as an admission of offence to the police. Under this POTA act, approximately 800 individuals were held in jail. The largest area that contributed to the number of arrests can be seen in Jharkhand state. However, POTA was revoked in 2004 due to the misuse of the Act (Rai, 2020).


3.4.3 Standoff between India and Pakistan

            The 2001 Parliament attack in New Delhi India was claimed to be from Pakistan based terrorists which were Lashkar-e-Taiba and Jaish-e-Mohammed. However, the government of Pakistan denied this claim, whereby, the attacks were not caused by the any groups based in Pakistan. Due to not meeting this mutual agreement and claim between India and Pakistan, a number of politicians from India urged the government of India to take actions against Pakistan. The Prime Minister of India, Atal Bihari Vajpayee through its administration have placed an order regarding the military mobilization and requested for the Pakistan to remove the groups of militants that operates against the state of India from the territory of Pakistan as well as Kashmir. The Prime Minister of India made a statement, whereby, the act of terrorism will be taken further action and military officials or force will be the option to consider. As a respond towards the India government, Pakistan also decided to prepare its army in the army mobilization. Thus, the army from both sides are facing one and another in the area of Line of Control located in Kashmir (Lavoy & Rana, 2002).

            The government of India have decided to further this action with stopping transportation such as train and bus services between India and Pakistan. The air assets from Pakistan were also banned from using the air space in India. Economic activity such as trade activity between the two countries is no longer active. Pakistan decided to cut the diplomatic staff located in New Delhi as a respond towards India (Lavoy & Rana, 2002).

            During the meeting of the South Asian Association for Regional Cooperation (SAARC), both the Prime Minister of India and Pakistan had attended this meeting which was held in Nepal. The Foreign Minister from these two states were also present during the summit of SAARC. A statement has been made by these two states to the media claiming of wanting a reconciliation and the defuse of crisis. Pakistan have led the first move by asking for dialogue resumption from India. The Prime Minister of India, Vajpayee, have set several grounds in order for the talk resumption to happen. First, the arrest and deportation of a total of 20 individuals which consist of the Indian locals staying in Pakistan. Second, India demanded for Pakistan to close any assistance to terrorist operating from Pakistan whether directly or indirectly such as the closure of training camps and arms supply routes. Third, a clear and categorical renunciation of terrorism towards all manifestations (Lavoy & Rana, 2002).

            Due to the ground laid down by India, the leaders of Pakistan have responded and executed an arrest towards the leaders of both terrorist groups that were responsible for the 2001 attack in Parliament known as Lashkar-e-Taiba and Jaish-e-Mohammed. The Inter Service Intelligence in Pakistan was shut down and members of these terrorist groups were arrested. These efforts made by Pakistan have been recognized as a positive thing by India (Lavoy & Rana, 2002).

 

3.5 RECOMMENDATIONS

3.5.1 The need of special long-term laws to combat terrorism.

According to experts, the government's response to terrorist acts has been patchy. This implies that India's counter-terrorism actions appear to be in a cyclical pattern. The government appears to take short-term remedies soon after an incident occurs. India lacks a unified strategic response to terrorism, according to retired Major General Sheru Thapliyal, who works at the Center for Land Warfare Studies in New Delhi. There is no doctrine, and the majority of replies are reflexive (Kaplan & Bajoria, 2008The Prevention of Terrorism Act (POTA), as well as the Code of Criminal Procedure of 1973 and the Indian Penal Code, can assist in the investigation and prosecution of crimes, but not in the prevention of terrorism (Babu, 2010). Furthermore, the Manmohan Singh government abolished POTA in 2014 (Rai, 2020)


3.5.2 Terms and implementations of counter-terrorism act should clearly highlight.

To avoid misuse of the Act established, the Government of India should clearly specify the parameters of law and execution while creating and executing counter-terrorism legislation. Gujarat was the epicentre of POTA abuse along sectarian and minority lines. With the exception of one, all of Gujarat's POTA inmates were Muslims, and law enforcement agents appeared to be ignoring the limited protections in place to protect these prisoners from mistreatment. According to Amnesty International, police detained people for days or weeks without access to family members or lawyers, thwarted habeas corpus proceedings, and threatened to imprison family members if they filed a petition with the government under POTA. Despite POTA restrictions restricting the validity of self-incriminating comments, some inmates claimed they were tortured into confessing. Some police officers in Gujarat seemed to have combined official bias with personal bias and poor police work.

Gujarat, however, was not the only state that unjustly targeted Muslim minority. Two Kashmiri Muslim students were detained in Uttar Pradesh in April 2003 for allegedly sympathising with a Muslim terrorist organisation. Every Kashmiri in a student-heavy part of the state became a suspect in a massive probe. Investigators combed through school data, and school administrators kept an eye on Kashmiri kids (Gagn, n.d.).


3.5.3 Enhancement of security in Parliament

If security procedures had been kept tight and severe, the 2001 Parliament assaults would not have occurred. The hack highlighted several gaps in the Parliament's security infrastructure, which must be addressed in order to prevent future assault on India's democracy throne. Over the years, various security processes have been implemented in the security management to combat terrorists' methods of attack on the Parliament. Parliament's current security management include collaboration between multiple security forces, notably the Intelligence Bureau and the Parliamentary Security Service (Rai, 2020).

 

4.0 CONCLUSION

Since its independence in 1947, India has been the target of many insurgencies and acts of terrorism. India has been at war for more than fifty years, and it has learnt a lot from its achievements and mistakes. The scale of the attacks, as well as the damage they produce, has only grown with time. The Indian military is currently fighting its greatest anti-terror combat near the border, following heavy-handed operations within Punjab. Because of the extensive misuse and unpopularity of TADA, legislators decided to add more protections in POTA. However, abuses exist, and learning must continue. India has to keep refining broad definitions of terrorist offences to avoid arbitrary detentions prompted by politics, prejudice, or haste.

 

5.0 REFERENCES


Babu, A. (2010, June 22). Global Terrorism and Major Indian Legislations. Retrieved from       https://ssrn.com/abstract=1667388 or http://dx.doi.org/10.2139/ssrn.1667388

Canada, P. S. (2019, June 21). Currently listed entities. Retrieved from    www.publicsafety.gc.ca: https://www.publicsafety.gc.ca/cnt/ntnl-scrt/cntr-trrrsm/lstd-     ntts/crrnt-   lstd-ntts-en.aspx#45

Desk, E. (2019, December 13). Explained: 2001 Parliament attack, and what happened after.   Retrieved  from The Indian Express: https://indianexpress.com/article/explained/explained-   2001-       parliament-attack-and-what-happened-after-6164195/

Gagn, C. (n.d.). POTA: LESSONS LEARNED FROM INDIA’S ANTI-TERROR ACT. Retrieved   from  https://www.bc.edu/content/dam/files/schools/law/lawreviews/journals/bctwj/25_1/09_F               MS.htm

indianexpress. (2019, December 13). Explained: 2001 Parliament attack, and what happened   after.   Retrieved from indianexpress.com:       https://indianexpress.com/article/explained/explained-2001-     parliament-attack-and-what-       happened-after-6164195/

India, P. T. (2019, October 24). SAR Geelani, convicted and then acquitted in Parliament   attack case,   dies. Retrieved from Hindustan Times: https://www.hindustantimes.com/india-   news/sar-geelani           convicted-and-then-acquitted-in-parliament-attack-case-dies/story-kVMLsVaCh16N8goq8kZZfO.html

Kaplan, E. & Bajoria, J. (2008, November 27). Counterterrorism in India. Council on Foreign     Relations. Retrieved from https://www.cfr.org/backgrounder/counterterrorism-india

Lavoy, P., & Rana, S. (2002). Standoff Between India and Pakistan. California: Centre for       Contemporary Conflict (CCC).

Maryland, U. o. (2021, May 2). Terrorism in India. Retrieved from en.wikipedia.org:    https://en.wikipedia.org/wiki/Terrorism_in_India

Mohd. Afzal Kumhar and Anr v. State, 811 (High Court of Delhi April 13, 2009).

Rai, D. (2020, October 9). Parliament attack of 2001 and its legal implications. Retrieved from   Pleaders: https://blog.ipleaders.in/parliament-attack-of-2001-and-its-legal-implications/

Rediff.com. (2001, December 14). 2001 Indian Parliament attack. Retrieved from       en.wikipedia.org:  https://en.wikipedia.org/wiki/2001_Indian_Parliament_attack

Riedel, B. (2016, July 28). How 9/11 is Connected to December 13. Brookings.    https://www.brookings.edu/opinions/how-911-is-connected-to-december-13/

Staff, F. (2013, February 9). All you need to know about the 2001 Parliament attack.   Retrieved  from   www.firstpost.com: https://www.firstpost.com/india/all-you-need-to-know-   about-the-2001-             parliament-attack-619622.html

6.0 APPENDICES

Figure 1: The picture of Afzal Guru.



Figure 2: The image of parliament building.



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DATE AND TIME PUBLISHED: 29/6/2021 (TUESDAY), 11:27 AM WRITTEN BY: KAM2284D 1. NOR NADIA BINTI AZMAN (2020899318) 2. INTAN NAZIFA BINTI JONI...